Bill Text: TX SB1724 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to a permit requirement for the land application of domestic septage.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-22 - Referred to Natural Resources & Economic Development [SB1724 Detail]
Download: Texas-2017-SB1724-Introduced.html
85R10052 JTS-D | ||
By: Birdwell | S.B. No. 1724 |
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relating to a permit requirement for the land application of | ||
domestic septage. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 361.121, Health and | ||
Safety Code, is amended to read as follows: | ||
Sec. 361.121. LAND APPLICATION OF CERTAIN SLUDGE OR | ||
DOMESTIC SEPTAGE; PERMIT REQUIRED. | ||
SECTION 2. Sections 361.121(a), (b), (c), (d), (g), (h), | ||
(i), (k), and (l), Health and Safety Code, are amended to read as | ||
follows: | ||
(a) In this section: | ||
(1) "Class B sludge" is sewage sludge that meets one of | ||
the pathogen reduction requirements of 30 T.A.C. 312.82(b). | ||
(1-a) "Domestic septage" means liquid or solid material | ||
removed from a septic tank, cesspool, portable toilet, marine | ||
sanitation device, or similar treatment works that receives only | ||
domestic sewage. The term does not include: | ||
(A) liquid or solid material removed from a | ||
septic tank, cesspool, or similar treatment works that receives | ||
either commercial wastewater or industrial wastewater; or | ||
(B) grease removed from a grease trap. | ||
(2) "Land application unit" means an area where wastes | ||
are applied onto or incorporated into the soil surface for | ||
agricultural purposes or for treatment and disposal. The term does | ||
not include manure spreading operations. | ||
(3) "Responsible person" means the person with | ||
ultimate responsibility for the land application of the Class B | ||
sludge or domestic septage at a land application unit. The | ||
responsible person is: | ||
(A) the owner of the land application unit if the | ||
sludge or septage being land applied was generated outside this | ||
state; or | ||
(B) the person who is land applying the sludge or | ||
septage if the sludge or septage being land applied was generated in | ||
this state. | ||
(b) Except as provided by Subsection (m), a responsible | ||
person may not apply Class B sludge or domestic septage on a land | ||
application unit unless the responsible person has obtained a | ||
permit for that land application unit issued by the commission | ||
under this section [ |
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(c) The notice and hearing provisions of Subchapter M, | ||
Chapter 5, Water Code, [ |
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this section for a permit, a permit amendment, or a permit renewal. | ||
In addition, at the time published notice of intent to obtain a | ||
permit is required under Section 5.552, Water Code, an applicant | ||
for a permit, permit amendment, or permit renewal under this | ||
section must notify by registered or certified mail each owner of | ||
land located within one-quarter mile of the proposed land | ||
application unit who lives on that land of the intent to obtain the | ||
permit, amendment, or renewal. Notice to landowners must include | ||
the information required by Section 5.552(c), Water Code, and | ||
information regarding the anticipated date of the first application | ||
of the sludge or domestic septage to the proposed land application | ||
unit. An owner of land located within one-quarter mile of the | ||
proposed land application unit who lives on that land is an affected | ||
person for purposes of Section 5.115, Water Code. | ||
(d) In each permit, the commission shall prescribe the | ||
conditions under which it is issued, including: | ||
(1) the duration of the permit; | ||
(2) the location of the land application unit; | ||
(3) the maximum quantity of Class B sludge or domestic | ||
septage that may be applied or disposed of under the permit; | ||
(4) a requirement that the permit holder submit | ||
quarterly to the commission a computer-generated report that | ||
includes, at a minimum, information regarding: | ||
(A) the source, quality, and quantity of sludge | ||
or septage applied to the land application unit; | ||
(B) the location of the land application unit, | ||
either in terms of longitude and latitude or by physical address, | ||
including the county; | ||
(C) the date of delivery of Class B sludge or | ||
septage; | ||
(D) the date of application of Class B sludge or | ||
septage; | ||
(E) the cumulative amount of metals applied to | ||
the land application unit through the application of Class B sludge | ||
or septage; | ||
(F) crops grown at the land application unit | ||
site; and | ||
(G) the suggested agronomic application rate for | ||
the Class B sludge or septage; | ||
(5) a requirement that the permit holder submit | ||
annually to the commission evidence that the permit holder is | ||
complying with the nutrient management plan and the practice | ||
standards described by Subsection (h)(4); | ||
(6) a requirement that the permit holder post a sign | ||
that is visible from a road or sidewalk that is adjacent to the | ||
premises on which the land application unit is located stating that | ||
a beneficial application site is located on the premises; | ||
(7) any other monitoring and reporting requirements | ||
prescribed by the commission for the permit holder; and | ||
(8) a requirement that the permit holder must report | ||
to the commission any noncompliance by the permit holder with the | ||
permit conditions or applicable commission rules. | ||
(g) The commission shall charge a fee for the issuance of a | ||
permit under this section in an amount not less than $1,000 and not | ||
more than $5,000. In determining the fee under this subsection, the | ||
commission shall consider the amount of sludge or domestic septage | ||
to be applied under the permit. | ||
(h) The commission by rule shall require an applicant for a | ||
permit under this section to submit with the application, at a | ||
minimum: | ||
(1) information regarding: | ||
(A) the applicant; | ||
(B) the source, quality, and quantity of sludge | ||
or domestic septage to be applied; and | ||
(C) the hydrologic characteristics of the | ||
surface water and groundwater at and within one-quarter of a mile of | ||
the land application unit; | ||
(2) proof evidencing that the applicant has a | ||
commercial liability insurance policy that: | ||
(A) is issued by an insurance company authorized | ||
to do business in this state that has a rating by the A. M. Best | ||
Company of A- or better; | ||
(B) designates the commission as an additional | ||
insured; and | ||
(C) is in an amount of not less than $3 million; | ||
(3) proof evidencing that the applicant has an | ||
environmental impairment insurance policy or similar insurance | ||
policy that: | ||
(A) is issued by an insurance company authorized | ||
to do business in this state that has a rating by the A. M. Best | ||
Company of A- or better; | ||
(B) designates the commission as an additional | ||
insured; and | ||
(C) is in an amount of not less than $3 million; | ||
and | ||
(4) proof that the applicant has minimized the risk of | ||
water quality impairment caused by nitrogen applied to the land | ||
application unit through the application of Class B sludge or | ||
domestic septage by having had a nutrient management plan prepared | ||
by a certified nutrient management specialist in accordance with | ||
the practice standards of the Natural Resources Conservation | ||
Service of the United States Department of Agriculture. | ||
(i) The commission may expand the definition of Class B | ||
sludge or domestic septage only by expanding the definition to | ||
include sludge or septage that meets more stringent pathogen | ||
reduction requirements. | ||
(k) The commission shall create and operate a tracking | ||
system for the land application of Class B sludge or domestic | ||
septage. The commission shall require a permit holder to report | ||
deliveries and applications of Class B sludge or domestic septage | ||
using the tracking system and shall post the reported information | ||
on its website. The tracking system must allow a permit holder to | ||
report electronically: | ||
(1) the date of delivery of Class B sludge or domestic | ||
septage to a land application unit; and | ||
(2) for each application of Class B sludge or domestic | ||
septage to a land application unit: | ||
(A) the date of the application; and | ||
(B) the source, quality, and quantity of the | ||
sludge or septage applied. | ||
(l) A permit holder may not accept Class B sludge or | ||
domestic septage unless the sludge or septage has been transported | ||
to the land application unit in a covered container with the | ||
covering firmly secured at the front and back. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2017. |